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HomeMy WebLinkAbout02/20/95February 20, 1995 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 7:00 p.m., on Monday, February 20, 1995. Mayor John R. Rooff in the Chair. Roll Call: Anders, Jordan, Murphy, Getty, Krizek, Collier, Mollenhoff. Invocation by: Reverend Richard Witmer, South Waterloo Church of the Brethren Pledge of Allegiance: Cub Scout Pack #17 --Jason Arenholtz, Lucas Greene, Mike Grosser, Mike Hopkins, Craig Johnson, Garrett' Paulsen, Cameron Puetz, Stewart Rickert, Chris Trout, and Kendra Puetz, Leader Recognition of Week: Matt Parrott & Sons Company, Jeff Walters, Vice President 104286 - Anders/Mollenhoff that the Agenda, as proposed, for the Regular Session on Monday, February 20, 1995, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. 104287 - Collier/Murphy that the Minutes, as proposed, for the Regular Session on Monday, February 13, 1995, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff introduced Mayor Ed Stachovic and Councilpersons Stan Smith, and Syd Morris. Mayor Rooff read a Proclamation declaring February 20, 1995 as a day to recognize all Veterans and presentation by Roseanna Mathews, First Wesleyan Church. Mayor Rooff read a Proclamation declaring February 19-25, 1995 as National Engineers Week. HEARINGS AND BIDS 104288 - Mollenhoff/Collier that proof of publication of notice of public hearing on specifications, form of contract, etc. and taking of bids for the F.Y. 1995 Salvaged Asphalt Crushing, Contract No. 484, as published in the Waterloo Courier on February 9, 1995, be received and placed on file. Ayes: Seven. Motion carried. 104289 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Murphy that the hearing be closed. Ayes: Seven. Motion carried. 104290 - Jordan/Collier that "Resolution confirming the approval of specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-98. 104291 - Anders/Jordan that "Resolution authorizing to proceed with said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-99. 104292 - Krizek/Collier to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review (award of contract delayed): Bidder Bid Bond Bid Amount Basic Materials Corp., Waterloo, IA 5% $72,480.00 Kuhlman Const. Co., Colesburg, IA 5% $62,920.00 Peterson Construction, Inc., Reinbeck, IA 5% $84,700.00 Reilly Construction Co., Inc., Ossian, IA 5% $74,180.00 Ayes: Seven. Motion carried. February 20, 1995 PETITIONS FROM PUBLIC 104293 - Mollenhoff/Murphy Page 2 that communication from City Planner transmitting request of David Welch to rezone from "R-4" Multiple Family Residence District to "C-1" Commercial District property generally located at 1033 Decathlon Drive to lease a portion of the building for a television and home entertainment showroom, and other future commercial uses, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as March 13, 1995 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-100. 104294 - Anders/Jordan that communication from City Planner transmitting request of W. C. Stokes to rezone from "R-2" One and Two Family Residence District to "R -4,R -P" Planned Multiple Family Residence District property generally located on the north end of Peek Street between North Barclay Street and Hewitt Street to construct an elderly apartment complex, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as March 13, 1995 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-101. 104295 - Mollenhoff/Anders that communication from City Planner transmitting request of Eagle Ottawa Tannery for a proposed "M -2,P" site plan amendment for property generally located north of the Chicago & North Western Railroad and east of N. Elk Run Road for a 57,000 square foot addition to the existing plant, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as March 6, 1995 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-102. 104296 - Murphy/Jordan that communication from City Planner transmitting request of Earl May Nursery & Garden Center for a proposed "S-1" Shopping Center District site plan amendment for property generally located at 2324 Crossroads Boulevard to construct an 8,320 square foot addition to the existing building, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as March 6, 1995 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-103. 104297 - Jordan/Mollenhoff that communication from City Clerk transmitting request of John W. Miller for an exception to burning of yard waste to burn prairie grass on South Kimball Avenue behind 145 Blaine Road near the city limits, be received, placed on file and approved. Prior to a vote on the above motion, the following comments were heard. Ernie Boykin, PO Box 1801, inquired whether citizens would plant prairie grass so that they wouldn't be required to mow and could burn the vegetation instead. Paul Huting, Parks Superintendent, stated that is a possibility; however, many grow prairie grass in a conservation effort to support the species. Following discussion a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. February 20, 1995 REPORTS 104298 - Mollenhoff/Collier Page 3 that the Auditor's Reports, Financial Statements and Supplemental Data for the City of Waterloo for the year ending June 30, 1994, as prepared by Hogan & Hogan, be received and placed on file. Ayes: Seven. Motion carried. DOCUMENTS 104299 - Krizek/Jordan that communication from Associate Engineer transmitting an agreement with the Iowa Department of Transportation and the Chicago North Western Railway Company for railroad signal safety funds to construct automatic flashing light signals with motion circuitry gate arms at the Newell Street railroad crossing, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-104. 104300 - Anders/Mollenhoff that communication from City Engineer transmitting a Professional Services Agreement with RUST Environment & Infrastructure in conjunction with the 1995 Biennial Bridge Review Program, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-105. 104301 - Mollenhoff/Murphy that communication from City Planner transmitting Preliminary Plat of Anderson's Second Addition, together with Engineer's Certificate of Survey and Deed of Dedication, be received, placed on file and "Resolution approving said preliminary plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-106. 104302 - Murphy/Jordan that communication from Superintendent of Water Pollution/Flood Control transmitting Contracts, Bonds and Certificates of Insurance in the amount of $176,200.00 from Nutri-Ject Systems, Inc. of Hudson, Iowa in conjunction with Barscreen Replacement at Wastewater Treatment Plant, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-107. RESOLUTIONS TO BE ADOPTED 104303 - Anders/Getty that "Resolution approving acquisition contract payment in the amount of $40,000.00, with relocation costs of $17,182.00 for Parcel No. 26 (Clifford Johnston and Catherine Thomson) in conjunction with Sherwood Park Voluntary Acquisition, Phase II", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Collier requested a staff update on Phase I completion. Mark Boesen, Community Development Director, stated that Phase I is not completed however Phase I and II purchases are going on simultaneously. Councilperson Murphy asked whether both owners are residing in the property and this information was confirmed in the affirmative. Councilperson Jordan stated that the records reflect that this purchase is $900 over the estimated costs and requests that the council be provided totals to date of final purchases versus estimated costs. Mayor Rooff instructed Community Development to provide year-to-date totals and funds remaining with each resolution to approve a purchase. February 20, 1995 Page 4 Resolutions to be Adopted - continued Ernie Boykin, PO Box 1801, asked that the appraiser be identified and how many appraisals were received for each property. Mark Boesen informed the public that Jones Appraisal Service was the appraiser for this property and stated that comparative appraisals were sought by the Community Development Board and the original appraisals were found to be in line with the comparatives. The property address for this purchase was identified as 108 Greenwood Ave. Following discussion a vote was taken on the above motion with the following result. Ayes: Five. Nays: Jordan, Collier. Resolution adopted and upon approval by Mayor assigned No. 1995-108. 104304 - Krizek/Jordan that "Resolution accepting from Home Depot U.S.A and dedicating a 10 foot wide easement for the purpose of constructing and maintaining an 8 inch sewer line together with a right of ingress and egress for property generally located north of U.S. Highway 20 and east of Hammond Avenue", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-109. 104305 - Krizek/Jordaq that "Resolution accepting from Home Depot U.S.A. and dedicating a 20 foot wide easement for the purpose of constructing, operating and maintaining underground public utilities, together with right of ingress and egress for property generally located north of U.S. Highway 20 and east of Hammond Avenue", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-110. ORDINANCES TO BE ADOPTED 104306 - Collier/Jordan that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by repealing Sections 18-21 through 18-23 of Chapter 18, Heating, Air Conditioning and Ventilating; and enacting in lieu thereof new Sections 18-21 through 18-23 of Chapter 18, Air Conditioning and Ventilating (adoption of Uniform Mechanical Code)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 104307 - Mollenhoff/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 104308 - Jordan/Murphy that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Seven. Motion carried. 104309 - Collier/Jordan that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by repealing Sections 18-21 through 18-23 of Chapter 18, Heating, Air Conditioning and Ventilating; and enacting in lieu thereof new Sections 18-21 through 18-23 of Chapter 18, Air Conditioning and Ventilating (adoption of Uniform Mechanical Code)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4073. 104310 - Murphy/Collier that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa to change the length of terms for members of boards and commissions to three (3) years, except those governed by the Code of Iowa", be received, placed on file, considered and passed for the first time. Prior to a vote on t'`e above motion, the following ccents were heard. February 20, 1995 Page 5 Ordinances to be Adopted - continued Councilperson Mollenhoff stated his support of this change and suggested that further action be taken to limit the number of consecutive terms on a commission to two terms with a required one year waiting period before reappointment. Mayor Rooff referred this request to the City Clerk and City Attorney for research and development of the policy. Following discussion a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 104311 - Murphy/Mollenhoff that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 104312 - Collier/Krizek that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Seven. Motion carried. 104313 - Anders/Collier that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa to change the length of terms for members of boards and commissions to three (3) years, except those governed by the Code of Iowa", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4074. BILLS PAYMENT 104314 - Krizek that "Resolution approving Schedule A918, pp. 1-58, dated February 20, 1995, in the amount of $1,327,471.91, copies of which are on file in the City Clerk's office", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-111. NEW BUSINESS 104315 - Anders/Collier that communication from Water Pollution/Flood Control Superintendent transmitting recommendation of appointment of Larry Smith to the position of Collection Systems/Maintenance Supervisor, effective February 21, 1995, be received, placed on file and approved. Ayes: Seven. Motion carried. 104316 - Jordan/Collier to instruct Building Maintenance to prepare specifications, form of contract, etc. for the Energy Conservation Lighting Project, be received, placed on file and approved. Ayes: Seven. Motion carried. 104317 - Krizek/Jordan that specifications, form of contract, etc. for the Energy Conservation Lighting Project, be received, placed on file and approved. Ayes: Seven. Motion carried. 104318 - Anders/Collier that "Resolution preliminarily approving specifications, etc. for the above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-112. 104319 - Getty/Collier that "Resolution setting date of hearing on specifications, form of contract, etc. and taking of bids as March 6, 1995 at 7:00 p.m. in the City Hall Council Chambers on the above project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-113. February 20, 1995 New Business - continued 104320 - Jordan/Collier Page 6 to instruct Superintendent of Parks to prepare plans, specifications, form of contract, etc. for the 1995 Right -of -Way Mowing, be received, placed on file and approved. Ayes: Seven. Motion carried. 104321 - Collier/Jordan that plans, specifications, form of contract, etc. for the F.Y. 1995 Right -of -Way Mowing, be received, placed on file and approved. Ayes: Seven. Motion carried. 104322 - Murphy/Jordan that "Resolution preliminarily approving plans, specifications, etc. for the above project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-114. 104323 - Collier/Mollenhoff that "Resolution setting date of hearing on the plans, specifications, form of contract, etc. and taking of bids as March 20, 1995 at 7:00 p.m. in the City Hall Council Chambers on the above project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-115. 104324 - Anders/Jordan that communication from Waterloo Airport Commission transmitting request to rezone from "A-1" Agricultural District to "M -2,P" Planned Industrial District for property surrounding the Waterloo Airport to permit commercial and industrial development, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as March 13, 1995 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-116. 104325 - Jordan/Murphy that communication from Superintendent of Traffic Operations transmitting recommendation to allow parking on Sunday from 7:00 a.m. to 12:00 p.m. on the east side of W. 4th Street from Graceline Boulevard and Lovejoy Avenue and on the west side from the Head Hunter Parking Lot to Arden Street, be received, placed on file and City Attorney instructed to prepare an ordinance of same. Ayes: Seven. Motion carried. Travel Requests 104326 - Mollenhoff/Collier that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Greg Maifield, Systems Manager, to attend Netware Administrative School in Urbandale, Iowa on February 28 -March 3, 1995, with costs not to exceed $1,543.40, including the use of city vehicle. 2. Frank Magsamen, Fire Chief, to attend Iowa Professional Fire Chiefs Association Spring Conference in Ames, Iowa on February 21-23, 1995, with costs not to exceed $100.00, including the use of city vehicle. 3. Steve Cochran, Paramedic, to attend EMS Refresher Training Program in Iowa City, Iowa on March 3-5 and March 17-19, 1995, with costs not to exceed $575.00. 4 Brett Bredman, Medical Director, to attend Management of Emergency Medical Services Course at the National Emergency Training Center in Emmitsburg, Maryland on March 6-17, 1995, with costs not to exceed $176.40. Ayes: Seven. Motic "arried. February 20, 1995 MISCELLANEOUS Page 7 104327 - Getty/Krizek that the following beer and liquor license permit applications be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: 1. Beer License Permit Application Class C Jr.'s By Lo Sales) Sam's Club, Market, 924 Linn Street (Renewal) (Expires 3/4/96) (Includes Sunday 210 E. Tower Park Avenue (New) (Expires 3/1/96) 2. Beer/Wine License Permit Application Class C (BW) Wishbone, Inc., 201-5 West 18th Street (Renewal) (Expires 3/7/96) (Includes Sunday Sales) 3. Beer/Wine License Permit Application Class E Hy -Vee Food & Drugstore, 4000 University (Renewal) (Expires 3/15/96) (Includes Sunday Sales) Coastal Mart, Inc., 1415 Logan Avenue (Renewal) (Expires 3/31/96) (Includes Sunday Sales) Coastal Mart, Inc., 508 North Broadway (Renewal) (Expires 3/31/96) (Includes Sunday Sales) 4. Beer/Liquor License Permit Application Class C UAW Local #838, 2615 Washington (Renewal) (Expires 2/28/96) (Includes Sunday Sales) Pat's Tavern, 303 W. 4th Street (Renewal) (Expires 4/1/96) 5. Liquor License Permit Application Class E Sam's Club, 210 E. Tower Park Avenue (New) (Expires 3/1/96) Sales) Ayes: Seven. Motion carried. (Includes Sunday ORAL PRESENTATIONS 104328 - Tom Hall, 303 Logan Ave, thanked the council and Traffic Operations Superintendent Mike Mrzlak for their assistance in resolving the parking problem he addressed at the last council meeting. Mr. Hall presented his operating permit from the Secretary of State along with his supervisor of the Emergency Road Management service. Tim Wilcox, 303 Logan Ave, apologized to Councilperson Anders for providing misinformation about radios and presented the Chief of Police with paperwork approving the use of C.B.'s and VHF radios by their business. Getty/Mollenhoff that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 104329 - Getty/Krizek that the Council adjourn at 7:59 p.m. Ayes: Seven. Motion carried. Susan Fangman City Clerk